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Item 07 Annexation of 999 S 47th Street
AGENDA ITEM SUMMARY Meeting Date: 9/19/2022 Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: 541/726-3784 Estimated Time: Consent Calendar SPRINGFIELD Council Goals: Maintain and Improve Infrastructure CITY COUNCIL and Facilities ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD — ANNEX 0.5 ACRES OF RESIDENTIAL PROPERTY LOCATED AT 999 SOUTH 47TH STREET (MAP 18-02-05-13, TAX LOT 3002). ACTION Conduct a second reading and adopt/not adopt the following ordinance: REQUESTED: AN ORDINANCE ANNEXING CERTAIN TERRITORY (999 SOUTH 47TH STREET) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE (SECOND READING). ISSUE The City Council is requested to consider an ordinance to annex 0.5 acres of property zoned and STATEMENT: designated R-1 Residential District that is located at 999 South 471 Street in south Springfield. The proposed annexation is requested to facilitate connection of an existing house to City sanitary sewer due to a failed septic system on the property. ATTACHMENTS: Attachment 1: Location Maps Attachment 2: Ordinance with Exhibits Exhibit A: Legal Description and Map Exhibit B: Annexation Application Exhibit C: Annexation Agreement Exhibit D: Staff Report and Recommendations DISCUSSION/ The City Council conducted a public hearing and gave first reading of the annexation Ordinance at the FINANCIAL regular meeting on September 6, 2022. No one provided testimony at the public hearing meeting. In IMPACT: accordance with SDC 5.7.155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective on the day following the general election, November 9, 2022, or upon acknowledgement by the State, whichever date is later. The territory requested for annexation is an inverted L-shaped lot at the intersection of Jasper Road and South 47t' Street that contains an existing single -detached residential dwelling. The property is zoned and designated for R-1 Residential District use with an Urbanizable Fringe Overlay (UF -10), and it is located inside the City's Urban Growth Boundary (UGB). As outlined in the attached staff report (Attachment 2D), the annexation area can be served with the minimum level of key urban facilities and services as required in the Springfield 2030 Comprehensive Plan — Urbanization Element. The attached staff report also confirms the request meets the criteria of approval for annexations established in SDC 5.7.140. An Annexation Agreement has been executed by the property owners (Attachment 2C), and the applicant has paid sewer assessment and System Development Charge (SDC) fees apportioned to properties within the UGB that are requesting connection to the City's sanitary sewer system. The applicant has also obtained necessary permits for making the physical connection to an existing sanitary sewer main that is located along the frontage on South 47t' Street. Recommendation: The subject property complies with the standards and provisions of the SDC and applicable ORS for annexation; Council is requested to consider adopting the ordinance annexing this property to the City and Willamalane Park & Recreation District and withdrawing same from Willakenzie Rural Fire Protection District. w Rd Jr Blvd rP ID Beldine Rd 7 �+ i4i[KPitiTP C7 LOCATION OF PROPERTY SUBJECT TO ANNEXATION AND ZONE CHANGE sr '�ekenxie Vtie'" .x Yolanda Ave �; w Hayden Mdye Rd Mamala Rd O vi t¢nnia[ Blvd Centennial Blvd Springfield = _ SA St 4 } a gy 3 a m Ranch -_ -- ii1SfGfswr j' Farm O4yrnpk r Hraneh - tt 14 r Rc' n CIQI-wo AArlCerazig Vr 0q r- --i 124 Hrghha,ksJed r �t n Thurston T�Mfiton Rd 1261 Maill St Mcker21E Hwy - -- - SITE Attachment 1 Page 1 of 2 v Attachment 1 Page 1 of 2 811 -22 -000087 -PRE — PROPOSED ANNEXATION OF 0.5 -ACRE RESIDENTIAL PARCEL 999 SOUTH 47TH STREET (MAP 18-02-05-13, TL 3002) SITE CONTEXT MAP _. �rY 1lw Attachment 1 Page 2 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY (999 SOUTH 47TH STREET) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7.100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on May 13, 2022, said territory being Assessor's Map Township 18 South, Range 02 West, Section 05, Map 13, Tax Lot 3002, which is addressed as 999 South 47th Street and is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, in accordance with SDC 5.7.125(A) and ORS 222.111, the property owners initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; WHEREAS, this annexation has been initiated in accordance with SDC 5.7.125(A) and ORS 222; WHEREAS, the territory proposed for annexation is within the Springfield Comprehensive Plan Urban Growth Boundary and is contiguous to the city limits. (SDC 5.7.140(A)); WHEREAS, the annexation is consistent with the Springfield 2030 Comprehensive Plan — Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; WHEREAS, the City Council of the City of Springfield has determined that the provision of City services to the subject area is necessary because the septic system on the property has failed; WHEREAS, the applicant has executed an Annexation Agreement (Exhibit C) that addresses the timing and responsibility for provision of sanitary sewer service and other urban improvements to the property; WHEREAS, in accordance with SDC 5.7-150(A), upon annexation the Urbanizable Fringe Overlay District (UF -10) will cease to apply to the property and the underlying R-1 Residential District zoning will be retained; WHEREAS, a Staff Report (Exhibit D) was presented to the City Council with the Director's recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City (SDC 5.7.140(B)), and to withdraw the subject territory from the Willakenzie Rural Fire Protection District as the City of Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, on September 6, 2022, the Springfield Common Council conducted a public hearing and is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, Attachment 2 Page 1 of 33 incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Willakenzie Rural Fire Protection District, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 3. The City Manager or the Development & Public Works Director or their designee shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7.155. Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 5. Effective Date of Ordinance. This Ordinance shall become effective on the day following the general election, November 9, 2022, or upon the date of its filing with the Secretary of State as provided by ORS 222.180, whichever is later. ADOPTED by the Common Council of the City of Springfield, this day of 2022, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of 2022. ATTEST: City Recorder Mayor Attachment 2 Page 2 of 33 Exhibit A Page 1 of 2 EXHIBIT A ANNEXATION LEGAL DESCRIPTION Beginning at the Southwest corner of the A.W. Hammitt D.L.C. #86 in Section 5, Township 18 South, Range 2 West of the Willamette Meridian; running thence South 0°18'00" West 213.21 feet; thence along the Northerly right-of-way of County Road #49, North 88°51'25" West 65.65 feet; thence North 88°25'25" West 268.49 feet to an iron pin marking the true point of beginning; thence leaving the right-of-way running the following six (6) described courses: 1) North 120.00 feet; thence 2) South 89°59'23" East 73.58 feet; thence 3) North 84.97 feet; thence 4) North 89°59'23" West 149.72 feet to a point on the Easterly right-of-way of South 4711 Street; 5) Thence along the Easterly right-of-way of South 47th Street South 202.89 feet to a point on the Northerly right-of-way of County Road #49; 6) Thence along said Northerly right-of-way South 88°25'25" East 76.17 feet to the true point of beginning, all in Lane County, Oregon. Attachment 2 Page 3 of 33 SEE MAP 18020521 FOR ASSESSMENT AND TAXATION ONLY SEE MAP 18020512 4 \ voa46U N89°10'W ' 3211 \ 25 5 19 0.18 AC 3202Qe'orO 25 as.3a' S13°31'42"E 018 AC F S.W.1/4 N.E.1/4 SEC. 5 T.18S. R.2W. W.M. Lane County 1" = 100' O 30' 30' EAST E T 4' 58.04 90.9®' 8300 3100 m 16500 -`4400 0.13 AC j 0.14 AC 0.2 AC sz` 1N c) HOLDEN WEST ,54.90' =7.86' COURT REVISIONS 06/19/2009 - LCAT142 - CONVERT MAP TO GIS 09/17/2010 - LCAT167 - ADDED "CO RD 2273" TO JASPER RD 12/03/2019 - LCAT148 - CODE CHANGE TL 5600 05/20/2020 - LCAT148 - CANC TL 5600 INTO JENNY GARDENS 07/16/2020 - LCAT148 - PTN OF TL 3100 OUT TO ROAD 07/16/2020 - LCAT148 - CANC TL 3100 TO THE RSRV AT WALNUT GROVE 000000000000000000 N88°33'57"W 107.75' I 1 ^ ?pSSF i vvtsl -420-x N90W 47 '0"10' 1800 102.68' 8200 99.77' p,0.1 0.96 AC7 AC v N89-1 0,W 14 A > i 3210 0.15 AGj - 6600 �° 4600 i 104.34' m �, 0.19 AC 18 10.14 AC"A�"9^� 4500 h 00.16 AC N 3203 I� 67.66' 2 0.2 AC Z Z i= Z i99.77' m '0.18 AC . 8100 23EE AP N89°10•W u IZ EAST -420' 0EAST-135.00'0.15AC182 524 6700 10 63.90' 3209 �` 0.14 AC 67.50' 67.50' 67.00' 2900 S87-47' .,E 13 17 5100 104.34' 107.57' I 0.19 AC )� 3 5000 4900 4800 I 0.96 AC 3204 Lc=3s. I Nso°w 0.18 AC 0.18 AC 0.17 AC �c&r° 99.77' 0.18 AC j 0.17 AC S10°49'23"E I 8000 �.°2mF m m 0.15 A �' �� i 6800 12 \ gyp, \ �(> ;, 0.15 AC 3y9y •� �S. 53.49 tr 4 R=175' aaa777 ," WEST 420' N89°10'W N62GG'2� q" `\ I •' LC=N7W58.50"W 43.94' 3°g05,� °O' �_ N89°10'W IVY STREET 42.5'• 410.8' 320552 5 �� -- 53.92'- -_-___-___-___ I R=12 67.50' 5 67.50' 6 $^ 67.09' 7 yCi'�ry� yry"' p^ �.�=578°29'50"E 53.90' ^P m .4 85• IVY STREET m g`56 54.16' 97.4' 1 0` R=12B�_- \� 3206 LC=N72°08'54"W _-_-_-_-_-_-_-��\J\ \ I m U C=9.68' a - 7900 A'F I 129 2.46' W ST 2 0.9 J - -\r -� S86°23'39"E 1 > \O= I WEST -320.35' N 0.16 AC -16 7 ' 3207 3 3208 o I W o 6900 LC=S78729'50" 65.95' ym I 3000 2S +ow 0.15 AC Z 0.15 AC 15 I W 0.14 AC fiss• - 5200 5300 5500 107.3' 5400 I 1.52 AC 3300 3400 11 N9 *W I U) 5 0.18 AC 0.18 AC 0.18 AC z. ' 10 j � Nso°w _ 0.18 AC m I 0.94 AC 0.37 AC 9 7800 = 8977, F - I o 5 N °1 0.15 AC 17000Z 3212 m 6 0.12 AC 1.27 AC 107.21' 14 I ss I z 3401 7 0 _ 65.95' 4 65.9 ' 67.00' 67.00'0.17 AC 0. A a o . ) 1 5 F 5 .8 I- 997 4301 5700 5800 5900 w I 3213 97' ! 0.63 AC 12 AC 0.12 AC 0.13 AC i 0.27 AC �\ \ KALMIA STREETi o 0 20012 C PARCEL 2 0 0 S.44913 i EAST 320.35' 1� J ' �� = N89°59'23"W - 149.72' - w $ 99.77' )1� 2 I 3002 ----------- o z m o 97.03' 7y j 50' 50.07' 3001 Z Z o 7600 ' 0 7300 55.83' _ i 0.5 AC w 0.16 AC I " 0.12 AC 6200 F m 1.06 AC QQ,,,, 6000 32$1 j 9 66.77' 0.12 AC OAC 0.11 AC Z _ N90°W 12 m 7400 - - S89°59'23"E 106.93' $ 0.12 AC m r I 73.58' 1 �� m 8400 2100AC `)� I 10 99.77' 1 6 5 ��� I = C', , 0' 50.07' 5.83' 4 I N INITIAL TRACTA J 17500 N90°W�>> 155.9• Z POINT S. 45054 ^ 10.13 AC rl> >� 7x.62' zs I zs' S.24475 3 \ S ° 0' - 344' 15 (� J 6300 �jr� m J 96.811,0.14 AC m 6400 PCL. 1 _ I \ ^tr, I 'a 11 N s 89.78' +,o.or 0.07 qC i TRACT "A" \ "o' 122.36_ - 47.6' - �2.6' 7cT�A7�fi9 RJ1rJ /���i�7��/� d 0 76.17' 234.+5' 7��7�ji�7/�7/ 244.3' - -! - --76 ' --- - - - - - - - - - - - -------JASPER ROAD 256.75' m I --------- 4,9' - - R88°2�2$"Vl7' 8. 9 65.65' - - - - - ------------------------ - - -- - -I CO RD 2273 (HWY 222) 30' 35' N89°45'W-360' 1 -_-_-_-_-_-_-_- o S89°12'30"E_-_-___-_-_-_-_-_-_-_-_-_--_-_-__-_ - - - -- 3500 0671 EAST -208' S88°35'E-220.44' -- - - - - NOTE: PT. IS 39.989CH SOUTH I 108'1.13 Z 2 S89°011E 3.51 AC AND 33.6 CH. EAST OF THE 66.64' j 3700 NW COR. D. ARTHUR DLC 47 800 1 3900 4000 I 4200 ^>/ N88°51'25"W 105.71 S75°q1E j 3.3 AC 2,1, 33 AC i 0.97 AC 1.05 AC 4.05 AC tihti3 �6 I I ry 019-37 I I I I I j I I I I I ' ' I I i I I j I I I I I I j I I j 1 I - w i i Q I ww I� s 7. 1 J I z 1� 0 51 LU I N ;o Q I o m � 1 z 1 fr I I I QLU I w w 1 j z I (� NOTE: PT. IS S89°58.30"E 1988.85• m 1 I AND NO°25'E 2212.23' FROM I I THE SW COR. D. ARTHUR DLC 63 I I I 1 I S89°45'E - 360' 1 1 I S890 30"E - 339.69' 9.3,' 3600 I I 1.89 AC 7.821 S89°58'30"E I17.3' EAST -207.28' 108 4100 4101 i 3501 0.21 AC 0.21 AC o W 0.11 AC m v NOTE: PT IS S89°58'30"E 2281.79• m m q 7 O I AND NO°02'E 2066.96' FROM S °5 •W ' tTT 51 THE SW COR. D. ARTHUR DLC 63 0 9-35 "V S°5 5 589°58'E - 164.4' z Z I Z I SEE MA 1802050 0601, 89° o. 12 0 Attachment 2 Page 4 of 33 150• SEE MAP 18020511 0 O O 0 0 O O O 0 0 O O O O 0 00 00 Exhibit A Pa e 2 of 2 18020513 SPRINGFIELD LCATSKP - 2020-07-16 16:21 CANCELLED 3003 3201 5600 3100 3208 3209 3211 4500 4400 SPRINGFIELD 18020513 O O O O 20' 250• 0 N88°33'57"W 107.75' I 1 ^ ?pSSF i vvtsl -420-x N90W 47 '0"10' 1800 102.68' 8200 99.77' p,0.1 0.96 AC7 AC v N89-1 0,W 14 A > i 3210 0.15 AGj - 6600 �° 4600 i 104.34' m �, 0.19 AC 18 10.14 AC"A�"9^� 4500 h 00.16 AC N 3203 I� 67.66' 2 0.2 AC Z Z i= Z i99.77' m '0.18 AC . 8100 23EE AP N89°10•W u IZ EAST -420' 0EAST-135.00'0.15AC182 524 6700 10 63.90' 3209 �` 0.14 AC 67.50' 67.50' 67.00' 2900 S87-47' .,E 13 17 5100 104.34' 107.57' I 0.19 AC )� 3 5000 4900 4800 I 0.96 AC 3204 Lc=3s. I Nso°w 0.18 AC 0.18 AC 0.17 AC �c&r° 99.77' 0.18 AC j 0.17 AC S10°49'23"E I 8000 �.°2mF m m 0.15 A �' �� i 6800 12 \ gyp, \ �(> ;, 0.15 AC 3y9y •� �S. 53.49 tr 4 R=175' aaa777 ," WEST 420' N89°10'W N62GG'2� q" `\ I •' LC=N7W58.50"W 43.94' 3°g05,� °O' �_ N89°10'W IVY STREET 42.5'• 410.8' 320552 5 �� -- 53.92'- -_-___-___-___ I R=12 67.50' 5 67.50' 6 $^ 67.09' 7 yCi'�ry� yry"' p^ �.�=578°29'50"E 53.90' ^P m .4 85• IVY STREET m g`56 54.16' 97.4' 1 0` R=12B�_- \� 3206 LC=N72°08'54"W _-_-_-_-_-_-_-��\J\ \ I m U C=9.68' a - 7900 A'F I 129 2.46' W ST 2 0.9 J - -\r -� S86°23'39"E 1 > \O= I WEST -320.35' N 0.16 AC -16 7 ' 3207 3 3208 o I W o 6900 LC=S78729'50" 65.95' ym I 3000 2S +ow 0.15 AC Z 0.15 AC 15 I W 0.14 AC fiss• - 5200 5300 5500 107.3' 5400 I 1.52 AC 3300 3400 11 N9 *W I U) 5 0.18 AC 0.18 AC 0.18 AC z. ' 10 j � Nso°w _ 0.18 AC m I 0.94 AC 0.37 AC 9 7800 = 8977, F - I o 5 N °1 0.15 AC 17000Z 3212 m 6 0.12 AC 1.27 AC 107.21' 14 I ss I z 3401 7 0 _ 65.95' 4 65.9 ' 67.00' 67.00'0.17 AC 0. A a o . ) 1 5 F 5 .8 I- 997 4301 5700 5800 5900 w I 3213 97' ! 0.63 AC 12 AC 0.12 AC 0.13 AC i 0.27 AC �\ \ KALMIA STREETi o 0 20012 C PARCEL 2 0 0 S.44913 i EAST 320.35' 1� J ' �� = N89°59'23"W - 149.72' - w $ 99.77' )1� 2 I 3002 ----------- o z m o 97.03' 7y j 50' 50.07' 3001 Z Z o 7600 ' 0 7300 55.83' _ i 0.5 AC w 0.16 AC I " 0.12 AC 6200 F m 1.06 AC QQ,,,, 6000 32$1 j 9 66.77' 0.12 AC OAC 0.11 AC Z _ N90°W 12 m 7400 - - S89°59'23"E 106.93' $ 0.12 AC m r I 73.58' 1 �� m 8400 2100AC `)� I 10 99.77' 1 6 5 ��� I = C', , 0' 50.07' 5.83' 4 I N INITIAL TRACTA J 17500 N90°W�>> 155.9• Z POINT S. 45054 ^ 10.13 AC rl> >� 7x.62' zs I zs' S.24475 3 \ S ° 0' - 344' 15 (� J 6300 �jr� m J 96.811,0.14 AC m 6400 PCL. 1 _ I \ ^tr, I 'a 11 N s 89.78' +,o.or 0.07 qC i TRACT "A" \ "o' 122.36_ - 47.6' - �2.6' 7cT�A7�fi9 RJ1rJ /���i�7��/� d 0 76.17' 234.+5' 7��7�ji�7/�7/ 244.3' - -! - --76 ' --- - - - - - - - - - - - -------JASPER ROAD 256.75' m I --------- 4,9' - - R88°2�2$"Vl7' 8. 9 65.65' - - - - - ------------------------ - - -- - -I CO RD 2273 (HWY 222) 30' 35' N89°45'W-360' 1 -_-_-_-_-_-_-_- o S89°12'30"E_-_-___-_-_-_-_-_-_-_-_-_--_-_-__-_ - - - -- 3500 0671 EAST -208' S88°35'E-220.44' -- - - - - NOTE: PT. IS 39.989CH SOUTH I 108'1.13 Z 2 S89°011E 3.51 AC AND 33.6 CH. EAST OF THE 66.64' j 3700 NW COR. D. ARTHUR DLC 47 800 1 3900 4000 I 4200 ^>/ N88°51'25"W 105.71 S75°q1E j 3.3 AC 2,1, 33 AC i 0.97 AC 1.05 AC 4.05 AC tihti3 �6 I I ry 019-37 I I I I I j I I I I I ' ' I I i I I j I I I I I I j I I j 1 I - w i i Q I ww I� s 7. 1 J I z 1� 0 51 LU I N ;o Q I o m � 1 z 1 fr I I I QLU I w w 1 j z I (� NOTE: PT. IS S89°58.30"E 1988.85• m 1 I AND NO°25'E 2212.23' FROM I I THE SW COR. D. ARTHUR DLC 63 I I I 1 I S89°45'E - 360' 1 1 I S890 30"E - 339.69' 9.3,' 3600 I I 1.89 AC 7.821 S89°58'30"E I17.3' EAST -207.28' 108 4100 4101 i 3501 0.21 AC 0.21 AC o W 0.11 AC m v NOTE: PT IS S89°58'30"E 2281.79• m m q 7 O I AND NO°02'E 2066.96' FROM S °5 •W ' tTT 51 THE SW COR. D. ARTHUR DLC 63 0 9-35 "V S°5 5 589°58'E - 164.4' z Z I Z I SEE MA 1802050 0601, 89° o. 12 0 Attachment 2 Page 4 of 33 150• SEE MAP 18020511 0 O O 0 0 O O O 0 0 O O O O 0 00 00 Exhibit A Pa e 2 of 2 18020513 SPRINGFIELD LCATSKP - 2020-07-16 16:21 CANCELLED 3003 3201 5600 3100 3208 3209 3211 4500 4400 SPRINGFIELD 18020513 Exhibit B Page 1 of 13 City of Springfield SPRINGFIELD �� _ :•. Development & Public Works 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV Application Type(Applicant: Check one) Annexation Application Pre -Submittal: 12f Annexation ARL21lication Submittal: Q� Required Proposal Information (Applicant: Complete This Section)' Property Owner: , & Phone: 5-q l -52-1 Address: i ; snw dig Fax: NiDO E-mail: j r Owner Signature: Owner Signature: Agent Name: Phone Company: Fax: f E-mail Address: Agent Signature: If the applicant is other than the owner, the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required, only the owner may sign the petition. ASSESSOR'S MAP NO: TAX LOT NOS Property Address: -ZO-5 tir- S Oi__ q -7117$ Area of Request: Acres: Qum o�_cxe.S Square Feet: Existing Use(s) of Property: Proposed Use of Property: Required Property Information (City Intake Staff., Complete This Section) -,rh l Reviewed 6y: Case Na.: ���'Z�/1 _-��. Date: tf��Jinitials Application Fee: 0 aAO Postage Fee: $, Total Fee: pj2[p.{S Revised 4/8114 B] Page 8 of 17 Attachment 2 Page 5 of 33 all (W Exhibit B Page 2 of 13 Owner Signatures This application form is used for both the required pre -submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre -Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. 1/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: 1 S i Date: Signat re Print' Submittal Owner: I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Signatu e 05 AKV! Print I I Revised 4/8114 B] Page 9 of 17 Attachment 2 Page 6 of 33 Exhibit B Page 3 of 13 We are looking to annex to the City of Springfield due to our drain field and septic tank have failed. The city sewer line is about 15ish feet from aur septic tank, so placing a new drain field would be ineffective. The city sewer line runs down 47t' St and the sewer Stubbs up to my property along 4r St. 4714 Jasper ltd is within the city's portion of the urban growth boundaries and is contiguous to current city limits along its western boundary, which is 4r Street. This proposed residential property to be annexed is consistent with the current low density residential metro plan. The annexation will change borders by adding U.5 acres along 47 I street and sewer to said property_ Attachment 2 Page 7 of 33 � o ro � C rr N [D D n U7 Q al MrV OL n CD rh [D N 0 V CL k 0 7 -1n d rrr (D M M [� a rr W (gyp � v 11 rr rt — M oy:a (D 0 Art: ❑ o M Z ❑ (0 =rCdC tn ( G Z rt M OJ Inrt 0 83: EAFr U) N CL M a o fi43 ❑ x � rt -Q Q c a� CIL (D (� m � } n � �CD w g N `C �3 rT � rr (b � rt ( r(D qri Oj 91 Q fll � Lfl CO CD y F (} � na 60 [D `< s -r (h (D N CIL �*Qja zz n !y � xb rbw n � ZYcD CD X u 7 rn m rD Q n m` a rb R Cr -C n (D rt flr rt CD C M (D 0 0 (A un (D O. _r N Cf1 (D m M. CLW 0 'r LA rD 7 n rn 4 � } 6 r 7 r_ �a ro n C ac a• n [`0 c d 3 0 n as rn 3 ro v n O Q 0 n 4 7 N ro 0 fv a m X v Q 0 3 O Cr m 0 a 7 Cr M 1w 3 .E 3 O n to fD 3 a ro C a T N C a r Exhibit B Page 4 of 13 7 3 ((DD En LO X rr lQ ] C obi rt C d � (D C (D Tj M 0 3• M �L � 0 N -a �l ]� G 7 �r 0 0 e� CL rr 3 0 cry OJ _ Cn o (D � Mm rt T (D N ti ❑ H Ln C `-r rD rF < O [.n V X Z (D' n rn ❑F H (A M. (D Cr QZ rnrrt � o CL rt O Naz (D A Ln (D F+ �_ �X -ern 0 2 -0 : u rn CD 0 � rr w (D m Qn i N (D n o (D U) DJ -0 ` CL rt -S O LQ 41 DCD CD rN-r O. zi. 01 rt rL N °1 n V X (D n ti v 3-6 3 (D Q. rt R � µ V � p Zx b o w rr C> Z C 4 Or m i � a ® �n Qro Attachment 2 Page 8 of 33 Exhibit B Page 4 of 13 7 O1 ((DD En LO X rr rt0 0 g C d � C (D 7 'C M 0 M � 0 N -a �l 0 0 e� rr 3 0 OJ _ Cn o (D � Mm rt T (D N ti ❑ H Ln gyp rD rF < O [.n V X (D' n rn ❑F H (A M. (D Cr QZ rnrrt � o CL rt O Naz A (D F+ �_ �X -ern 0 2 -0 : u rn 0 � rr w (D Qn (D n o (D U) DJ -0 rt -S O LQ rN-r O. zi. 01 rt rL °1 n (D n 3 (D Q. rt Exhibit B Page 5 of 13 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation (Map/lot number) Name of Owner Acres Assessed Value Imp. Y N Signed Yes Signed No 5 O'S PERCENTAGE OF ACREAGE SIGNED FOR o TOTAL VALUE IN THE PROPOSAL VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR TOTALS: TOTAL NUMBER OF OWNERS IN THE PROPOSAL NUMBER OF OWNERS WHO SIGNED PERCENTAGE OF OWNERS WHO SIGNED TOTAL ACREAGE IN PROPOSAL ACREAGE SIGNED FOR 0 ,5 CL C- q PERCENTAGE OF ACREAGE SIGNED FOR o TOTAL VALUE IN THE PROPOSAL VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR Revised 4/8/14 137 Attachment 2 Page 9 of 33 14 of 17 Exhibit B Page 6 of 13 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete all the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: iKV oAos E-mail: M1 i`r..s C IfYI 66 %.0 VVI Supply the following information regarding the annexation area. • Estimated Population (at present): ip • Number of Existing Residential Units: ■ Other Uses. ■ Land Area: o "5 total acres • Existing Plan Designations): • Existing Zoning(s):. • Existing Land Use(s): • Applicable Comprehensive Plan(s): Applicable Refinement Plan(s): • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. • Are there development plans associated with this proposed annexation? Yes No If yes, describe. ■ Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes No • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5..7,-[1410, Criteria). {'Y�=L"l�� l` C3]��1C' �: .]7��•. L—�kX! iia �1�7�iG L i 4 'r '6'\ uti. ' � LI Revised 4/$/14 Attachment 2 Page 10 of 33 Page 15 of 17 Exhibit B Page 7 of 13 Does this application include all contiguous property under the same ownership? Yes � No If no, state the reasons why all property is not included: ■ Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District ❑ Eugene School District ❑ Springfield School District ❑ Pleasant Hill RFPD ❑ EPUD ❑ Rainbow Water and Fire District 0 Pleasant Hill School District ❑ McKenzie Fire & Rescue ❑ Willakenzie RFPD -f SUB ❑ Willamalane Parks and Rec District ❑ Other ■ Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. (Name) f (Name) (Address) (Address) (Ci } (Zip) (City) (zip) (Name) (Name) (Address)� � tVV. � o �7�n- (Address) (City) 3 (zip) (City) (zip) Revised 4/8/14 B7 Attachment 2 Page 11 of 33 Page 15 of 17 Exhibit B Page 8 of 13 I3*7 7 a V! WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: `�. Do-- 05- ^03007, 4 `l Sc�a,• tr � 11 S5Y`4LI ci 7 eg Map and Tax Lot Number Street Address of Property (if address has been assigned) � 10 S `- 7-�-` S, S pfd , by- el -7 Li 79 ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [ ] indefinitely or [ ] until Date Sianatures of Leoal Owners Please print or type name Signature Date Signed �j 0_. i 27 2-x/277 227;'_. LCOG: L: }8Cj2008 gptlNCHANGE TRANS771Q1VWPLIC1 TION fORR95}SPRINGf7EL0}10-03-08 UPDA TEL) EORMSIPRE-SlIam=AL ANNEXATIDN APPLI -4?nN 10-07.08. DCC Last Saved: January 19, 2016 Revised 4/8/14 B] Attachment 2 Page 12 of 33 Page 17 of 17 Exhibit B Page 9 of 13 Real Property Tax Lot Record Lane County Assessment and Taxation Print Date: April 27, 2022 In preparation of these records, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limitation, Lane County disclaims any responsibility for typographical errors and accuracy of this information. The information and data included on Lane County servers have been compiled by Lane County staff from a variety of sources, and are subject to change without notice to the User. Lane County makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data. In 2011, Assessment and Taxation was awarded an economic development grant which facilitated the scanning of the approximately 160,000 then -existing tax let records. The scanning took place between February and June 2012. The legal descriptions contained herein are for tax lot purposes only. Included in this report: 1. A listing of documents affecting ownership andlar property boundary changes. 2. The scanned tax lot record image and any legal description changes made since. Map & Tax Lot: 18-02-05-13-03002 Current ParcellAccount TGA 1296753 01937 Status: Active )vcunlet # Type ©ate Effective Year Tax Lot Acres 201 B-055629 Reath Certificate 04/04/2016 2017 0,50 Comments: 2016-053508 Bares and Sala lead 10/2512016 2017 0.50 Comments: 2013-06259 Warranty Dead OW3CV2013 2013 0.50 Comments: Comments: Card 0.50 Attachment 2 Page 13 of 33 OLD NUM13ER Exhibit B Page 10 of 13 OFFICIAL'RECORO OF DESCRIPTIONS OF REAL PROPERTIES ' OFFICE OF COUNTY ASSESSOR LANE COUNTY, OREGON — 1 296 753 ACCOUNT NUMBER MAP NO. 18zQ2-Q5-1-3 PARCEL -.3002 INDENT EACH NEW LEGAL DESCRIPTION COURSE TO TH:$ POINT Beginning at the SW corner of the A W Hammitt DLC #86 ija sec 5, T 18 S, R 2 W of the WM; running then S 00#1810pll W 23.3.21 ft; thence along the NOrtherl.y right of of County Road h49, N 88*511251I w 65.65 ft, thence N 88*2512511 W 268.49 ft to an iron pin marki g the true point of beginning; thence leaving the right of way running North 120.00 ft; thence S 89*59, 2351 E 73.58 ft; thence North 81.97 ft; thence N 89;.5912311 W 1:49.72 ft to a point on the Easterly fight of ray Of 47th street; thence along the Easterly fight of way South 202.89 ft to a point on the Northerly night of of County Road #49; thence along said Narthe r right of way S 88*257 25" E .76-17 ft to the true point of b eginni f• by DMD cont rV1. Ma Revision from Map 18-02-05-404 for 1982. Attachment 2 Page 14 of 33 DEED RECORD ACRES OATH O; ENTRY DEED NUMBER REMAINING 1979 997/31100 e 97/3,.1tfl1 1 yo7, 1986 R1406/862251 1987 �R1419/8634737 1990wdl R1640/903 1991 w 81682/910T 12 '6,J, ��la�2/45I}9, 0.50 A F3 0 RECORDWO REQUESTED BY: FIdellty National CMqWWCF0"- GRANTOR'S NAME: Sharon GrasseM GRANTEWS NAME: Misty A Avelos and Karen A Gresseth AFTER RECORDING RETURN TO: Misty A Avabs and Karen A GraesaM 4714 Jasper Fid Springfield, OR 87478 SEND TAX STATEMENTS TO: same as above. Exhibit B Page 11 of 13 Lane County Clerk Lane County Deeds & Records RPR -DEED Cnt=1 Stn=0 CASHIER 02 $21.00 $5.00 $10.00 $11.00 10/2712016 03:05:28 PM 1 pages $47.00 Title No. 6x461641438 Escrow No. OMIOW91 4714 Jasper Rd, Springfield, OR 97478 SPACE ASWE THIS LME FOR RECOROEWS USE BARGAIN AND SALE DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) Sharon Grasseth, GrenW, owm" to -- - - . _ - , -- s- ..,.t � tmnawka in enmmon- but Vdth the riahts Of SurVIVOCShip, Attachment 2 Page 15 of 33 Exhibit B Page 12 of 13 Real Property Tax Lot Record - Lane County Assessment and Taxation Print Date: April 27, 2022 In preparation of these records, every effort has been made to offer the most current, correct, and clearly expressed information passible. Nevertheless, inadvertent errors in information may occur. In particular but without limitation, Lane County disclaims any responsibility for typographical errors and accuracy of this information. The information and data included on Lane County servers have been compiled by Lane County staff from a variety of sources, and are subject to change without notice to the User. Lane County makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data. In 2011, Assessment and Taxation was awarded an economic development grant which facilitated the scanning of the approximately 160,000 then -existing tax lot records. The scanning took place between February and June 2012. The legal descriptions contained herein are for tax lot purposes only. Included in this report: 1. A listing of documents affecting ownership andlor property boundary changes. 2. The scanned tax lot record image and any legal description changes made since. Map & Tax Lot: 18-02-05-13-03002 Current Parcel/Account TCA 1296753 01937 Status: Active )ocument # Type Date Effective Year Tax Lot Acres 2018-DSMQ Death CarOcate WM2016 2017 0. `; 0. Comments: 2018-053608 Barin and Sale Deed 1012512016 2017 0.50 Comments: 2013-02558 V*wran4y Dead OM012013 2013 0.50 Comments: Comments: Descriatlon Card 0.50 Attachment 2 Page 16 of 33 Exhibit B Page 13 of 13 OFFICIAL-REC'QRD OF DESCRIPTIONS OF REAL PROPERTIES ' OFFICE OF COUNTY ASSESSOR LANE COUNTY, OREGON 1 296 753 --- ❑LD NUMBER ACCOUNT NUMBER TAX LOT MAP NO. 1 $-_02705-1-3 PARc1=R _.3002 SECTION_ TOWNSHIP B. RANGE w W.M DEED RECORD ACRES IxoeMT eweM NEw LEGAL DESCRIPTION CQLR86 Tp TN19 PQlMT GATE OF ENTRY DEED MI)MBER REAI.�INlNG Beginning at the SW corner of the A W Hammitt DLC #86 i Seo 5, T 18 S, R 2 W of the 144; running then 5 00 -1810 11 W 213.21 ft; thence along the Ntrtherly right of. way of County Road &9, N 88*5112511 W 65.65 ft, thence N 88*2512511 W 268.49 ft to an iron pin marksthe true port of beginning; thence laaving the right of Way running North 120.00 ft; thence S 89-959123° E 73.58 ft; thence North 84.97 ft; thence N 8959= 23" W 7:49.72 ft to a point on the Easterly a.ght of wap of 47th street; thence along the Easterly fight of way South 202.89 ft to a point on the NOrtherl.y right of �sa�y of County Road #49; thence along said Norther? y� right of way I S $8.x.251�5TI E .76.17 ft to the true point of b egi nni 4 by DND cc nt 41 Ma Revision from Map 18-02-05-404 for 1982. Attachment 2 Page 17 of 33 1.979 97/31400 97/31.401 hoz 97/31A� 1986 R1406/862r 1987 81419/663 1990wd R1640/90:; 1991 wd R1682/ 910 Ual 4t 6=20&--219,5, �' 9- 6- 5,1 r37 448 12 1/a& 0.50 Exhibit C Page 1 of 8 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and the property owners of the subject property, Misty A. Avalos and Karen A. Grasseth ("APPLICANTS"). RECITALS A. APPLICANTS own the land legally described in Exhibit A, the "-Property." The Property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANTS have submitted an Annexation Pre -Submittal application on April 28, 2022 and submitted a request for annexation to the City on May 13, 2022. The Property is approximately 0.5 acres and identified as Assessor's Map No. 18-02-05-13, Tax Lot 3002, which is also municipally addressed as 999 South 47`h Street (formerly 4714 Jasper Road) and is more particularly described in Exhibit A. C. APPLICANTS wish to annex the Property to the City and seek support from the City for the annexation. At the time of annexation, the Property will also be annexed into the Willamalane Park & Recreation District, and the APPLICANTS must pay Willamalane's applicable system development charges. D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District (UF -10) according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential (LDR). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Spring field 2030 Refinement Plan — Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize the APPLICANTS' and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services, including long-term public sanitary sewer, stormwater management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording, Return to: City of Springfield Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 Place Bar Code Sticker Here: ANNEXATION AGREEMENT — Page 1 of 8 Attachment 2 Page 18 of 33 Exhibit C Page 2 of 8 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • City Staff evaluated the Wastewater Master Plan, and using the assumptions provided within, deemed a sewer capacity analysis consistent with the City of Springfield Engineering Design Standards and Practices Manual (EDSPM) Section 2.02.2 is not required. The Property has access to a 6" lateral for the existing home and an additional 8" connection is available between the existing home and the Jasper Road intersection with South 47' Street. The main in South 47`s Street is sized for full buildout of the area, including this Property, and drains to the Jasper Trunk Sewer in Jasper Road. The Jasper Trunk Sewer was sized for future full buildout of the entire region, which includes the area approximately from Forsythia Street and the southern Urban Growth Boundary of Springfield. Currently, the Property is served by a failing septic system. • The Property is currently developed with a large detached single unit dwelling. The placement of the dwelling on the lot makes redevelopment at maximum density in LDR unlikely (14 units per net acre). However, the Property could be redeveloped with middle housing in the future under the provisions adopted by Ordinance 6443 (May 18, 2022), effective July 1, 2022. The size of the Property would allow redevelopment as a fourplex or cottage cluster development in the future. City Staff determined there is sufficient capacity to serve three additional dwelling units on this site. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • An existing public, system of culverts and channels exists along the north side of Jasper Road and the east side of South 47th Street that currently accepts drainage from this Property. The existing storm system has the capacity to serve the Property and.its existing residential use. City Staff determined that any increase in impervious area on the Property and surrounding parcels for permitted uses will require a drainage report and mitigation measures relevant to that increase as per the City of Springfield EDSPM and the City of Eugene Stormwater Management Manual. Additional impervious areas will require stormwater runoff to be managed onsite as the existing roadside ditches are not considered sufficient for treating or conveying any increase. I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. ANNEXATION AGREEMENT — Page 2 of 8 Attachment 2 Page 19 of 33 Exhibit C Page 3 of 8 • The Property has legal and physical access to South 471 Street along the western frontage via two existing driveways. Both driveways can stay in place for the current low density residential use. Access from Jasper Road will not be permitted. Both Jasper Road and South 47h Street consist of asphalt paving without further urban improvements of curb and gutter, sidewalk, and street trees. The APPLICANTS or future property owner(s) will be required to make these public improvements along their South 47`' Street and Jasper Road frontages to City standards with any site plan, land division, or other development request that proposes any additional dwelling units on the Property. J. Springfield Utility Board (SUB) provides both water and electric service to most properties within City limits. The availability and capacity of these key urban services (water, electric) are required to serve the Property. • The Property currently already receives water and electric service from SUB. SUB will continue to provide these services to the Property after annexation. • SUB Water Division states that the Property is currently served by a3/4" service main, which has capacity to serve density increases at this Property. A larger water service would involve a new service line from the 6" water main running north -south along South 47h Street. The property owner(s) would be responsible for payment of any water infrastructure expansion. • SUB Electric Division determines that if density increases at this Property, the property owner will need to pay for additional electrical infrastructure. Infrastructure expansion will require utility trenching from the northwest corner of the Property to the additional structures/dwellings requiring service. Installation of a secondary junction box and a transformer upgrade may also be necessary. K. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below, APPLICANTS must comply with all requirements imposed on APPLICANTS in this Agreement. Now, therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. Obligations of APPLICANTS. Consistent with the above Recitals, APPLICANTS agree to perform the obligations set forth in this section. 1.1.1. APPLICANTS must maintain the existing driveway locations and widths in their current configuration until future development is approved. APPLICANTS or future ANNEXATION AGREEMENT — Page 3 of 8 Attachment 2 Page 20 of 33 Exhibit C Page 4 of 8 property owner(s) must not install any future driveways onto South 47`x' Street or alter the existing ditch along Jasper Road or South 47a` Street, except as granted as part of a land use review process (i.e., site plan, land division) or other development request that proposes any additional dwelling units) for the Property. No future driveway access will be granted to Jasper Road. 1.1.2. APPLICANTS or future property owner(s) must fully improve the Property's street frontages along the northern side of Jasper Road and the eastern side of South 47' Street to full urban standards to include full street width paving, sidewalks, curb and gutter, street trees, and storm drainage requirements, when any site plan, land division, or other development request that. proposes any additional dwelling units is approved that conforms to the existing residential zoning. There are no applicable transportation system development charges for this annexation request. 1.1.3. APPLICANTS or future property owner(s) agree to participate in any future Local Improvement District (LID) for improvements on either Jasper Road or South 471 Street. 1.1.4. APPLICANTS agree to connect to the existing public sanitary sewer system and decommission the existing septic system for the existing dwelling on the Property. The APPLICANTS must also pay all applicable system development charges and sewer in -lieu -of assessment fees for connecting to the City's public sanitary sewer system. The applicable system development charges and fees will be assessed when plumbing permits are issued, and the APPLICANTS must pay these before decommissioning the existing septic system and before connecting to the public sanitary sewer system. 1.1.5. The Property is already part of an existing public stormwater system, and the APPLICANTS will not have any applicable system development charges for stormwater management unless the APPLICANTS or future property owner(s) create any increase in stormwater runoff from new impervious areas for ANY development onsite. The APPLICANTS or future property owner(s) must pay any applicable system development charges related to stormwater management at that time. 1.2. APPLICANTS must provide and be financially responsible for the provision of any required urban facilities and services identified during the review and approval of any site plan, land division, or. other development request that proposes any additional dwelling units as necessary to serve the further development of the Property, including the construction and maintenance thereof. Urban facilities and services include utility services, street paving, sidewalks, curb and gutter, street trees, streetlights, street access points, and storm drainage requirements. Other redevelopment of the Property, without further land division, will be subject to the applicable development standards and requirements listed in the Springfield Development Code. 1.3. In determining the APPLICANTS' share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction must be used. For the purposes of this Agreement, the full cost must include design, construction, acquisition of land and/or easements, studies, permits from all agencies ANNEXATION AGREEMENT — Page 4 of 8 Attachment 2 Page 21 of 33 Exhibit C Page 5 of 8 having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Obligations of City. Consistent with the above Recitals, City agrees to: 2.1 Process the annexation request and support annexation of the Property to the City before the Common Council, and support APPLICANTS' defense of any appeal of a decision to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 3. Covenants Running with the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such must run with the Property and must be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and must be construed to be a benefit to and burden upon the Property. This Agreement must be recorded, at APPLICANTS' expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANTS and must benefit any assigns or successors in interest to APPLICANTS. Execution of this Agreement is a precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly, the City retains all rights for enforcement of this Agreement. 4. Limitations on the Development. No portion of the Property must be further developed prior to the approval of a development permit for the proposed development. 5. Mutual Cooperation. City and APPLICANTS must endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANTS agree to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County, or the City and to waive all rights to remonstrate against these improvements. APPLICANTS do not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANTS to be inequitable or operate unfairly upon the Property. APPLICANTS waive any right to file a written remonstrance against these improvements. APPLICANTS do not waive their right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement must require the approval of the Springfield Common Council. This Agreement must not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement must be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein must be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program (LDAP) permit application submitted by ANNEXATION AGREEMENT — Page 5 of 8 Attachment 2 Page 22 of 33 Exhibit C Page 6 of 8 APPLICANTS. APPLICANTS are responsible for obtaining, at APPLICANTS' expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANTS know and understand any rights it may have under the law as interpreted in Dolan v. City of Tigard, 512 US 374 (1994) and subsequent cases interpreting the legal effect of Dolan and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANTS, for payments, financial responsibility and reimbursements set forth in Section 1, required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANTS further waive any cause of action it may have pursuant to Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et M. APPLICANTS know and understand any rights they may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANTS for themselves and its heirs, executors, assigns, administrators, and successors hereby waive any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement must be deemed unenforceable or invalid, such enforceability or invalidity must not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto must be determined in accordance with the laws of the State of Oregon. ANNEXATION AGREEMENT — Page 6 of 8 Attachment 2 Page 23 of 33 Exhibit C Page 7 of 8 DATED this 10 day of , 20 z? IN WITNESS WHEREOF, the APPLICANTS and City have executed this Agreement as of the date first herein above written. APPLICANTS M"l.- /�' ( By: ru.s STATE OF OREGON COUNTY OF LANE I SS D to 5� 2e 2 -2, Date THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ONfy� , 2O)BY Mt I t UTAS OLAIYUV s OF �� �y MCLS ��v tZll.• (AP ICANT) OFFICIAL STAMP SHANNON LM WRRA NOTARY PUBLIC -OREGON COMMISSION NO. 984285 MY COMMISSION SPIRES EE9RMAR1r 25.2M CITY OF SPRINGFIELD Nancy Newton, City Manager STATE OF OREGON SS COUNTY OF LANE THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON (CITY) AS V LyC� NOTARY PUBLIC FOR OREGON OF NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT— Page 7 of 8 Attachment 2 Page 24 of 33 ,20 BY Exhibit C Page 8 of 8 EXHIBIT A Legal Description Beginning at the SW corner of the A W Hammitt DLC #86 in Sec 5, T 18 S, R 2 W of the WM; running thence S 00*18'00" W 213.21 ft; thence along the Northerly right of way of County Road #49, N 88*51'25" W 65.65 ft; thence N 88*25'25" W 268.49 ft to an iron pin marking the true point of beginning; thence leaving the right of way running North 120.00 ft; thence S 89*59'23" E 73.58 ft; thence North 84.97 ft; thence N 88*59'23" W 149.72 ft to a point on the Easterly right of way of 471 Street; thence along the Easterly right of way South 202.89 ft to a point on the Northerly right of way of County Road #49; thence along said Northerly right of way S 88*25'25" E 76.17 ft to the true point of beginning. ANNEXATION AGREEMENT — Page 8 of 8 Attachment 2 Page 25 of 33 TYPE IV - ANNEXATION STAFF REPORT AND RECOMMENDATION Exhibit D Page 1 of 8 OREGON File Name: Misty Avalos Annexation Case Number: 811-22-000125-TYP4 Proposal Location: 999 South 47th Street (Map 18-02-05-13, Tax Lot 3002) Current Zoning & Comprehensive Plan Designation: R-1 / Low Density Residential (LDR) Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan Application Submittal Date: May 13, 2022 Associated Applications: 811 -22 -000087 -PRE (Development Issues Meeting); 811 -22 -000109 -PRE (Pre -submittal Meeting) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building Chris Carpenter 541-744-4153 Attachment 2 Page 26 of 33 Exhibit D Page 2 of 8 Review Process (SDC 5.7.115): The subject annexation request is being reviewed under Type 4 procedures, without Planning Commission consideration. The City of Springfield adopted comprehensive changes to its Development Code on July 1, 2022 (Ordinance 6443). The subject annexation is request is being reviewed in accordance with the Development Code provisions in effect on the date of application submittal, which is May 13, 2022; however, there were no substantive changes to the Annexation section, SDC 5.7.100, adopted by Ordinance 6443. For ease of reading, citations appearing in this staff report use the formatting of the code in effect at the time of this decision (e.g. 5.7.100, rather than 5.7-100). Development Issues Meeting (SDC 5.7.120): A Development Issues Meeting (DIM) is required of all public agency and private landowner -initiated annexation applications, unless waived by the Director. Finding: The property owners submitted an application for a Development Issues Meeting on April 5, 2022 and the meeting was held on April 26, 2022. Subsequently, a pre -submittal meeting for the annexation request was held on May 13, 2022 (Case 811 -22 -000109 -PRE). Conclusion: The requirement in SDC 5.7.120 is met. Annexation Initiation and Application Submittal (SDC 5.7.125): In accordance with SDC 5.7.125(B)(2)(b)(i) and ORS 222.170(1), an annexation application may be initiated by "more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land." Finding: The property owners who own all of the land and real property, and full assessed value of real property in the contiguous territory, have filed an application and petition requesting annexation to the City of Springfield (Attachment 2, Exhibit B). Conclusion: The application requirements in SDC 5.7.125 have been met. Site Information: The subject annexation area consists of an L-shaped residential parcel that is approximately 0.5 acres in size and contains an existing single -detached dwelling and detached accessory structures. The property is located at the northeast corner of the intersection of Jasper Road and South 47t' Street. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the western property boundary (the eastern edge of the South 47t' Street right-of-way) in accordance with SDC 5.7.140(A)(1). At the time of initial application submittal on May 13, 2022, zoning for the property was Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF -10) applied. After implementation of the new Development Code on July 1, 2022 the property is now within the R-1 residential district and it retains the OF -10 overlay; the change to this zoning district, as applicable to this application, is in name only. According to the applicant's submittal, the primary purpose of the annexation request is to facilitate connection of the existing house to City sanitary sewer due to a failed septic system on the property. There is an existing public sanitary sewer line within South 47'1i Street along the western frontage of the property. However, the South 47t' Street and Jasper Road frontages of the property are not developed to urban standards and lack curb, gutter, sidewalk, street trees, and piped stormwater facilities. For this reason, an Annexation Agreement that outlines the applicant's responsibilities and financial obligations for provision of public streets, utilities, and services to the property is warranted for this request. The applicant has signed an Annexation Agreement for future urban improvements, including provision of sanitary sewer service to the property (Attachment 2, Exhibit Q. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Springfield School District), roads (Lane County and City of Springfield), and Fire (Eugene -Springfield Fire under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing electric infrastructure along the site frontages. There is no rural water service for unincorporated properties in the vicinity of this site. Upon annexation, the City of Springfield will be responsible for all urban services, including Attachment 2 Page 27 of 33 Exhibit D Page 3 of 8 sanitary sewer, water (through SUB), electricity (through SUB), and police/fire response to the subject area. Notice Requirements (SDC 5.7.130): Consistent with SDC 5.7.130, notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed August 5, 2022, which is at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected special districts and all other public utility providers; and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. The list of recipients of the mailed notice is included with the Affidavit of Mailing for this annexation application and is retained as part of the public record for Planning Case 811-22-000125-TYP4. Newspaper Notice. Notice of the September 6, 2022 public hearing was published in The Register -Guard on August 21 and 28, 2022. The notification meets the requirements of SDC 5.7-130(B) for two consecutive notices in the two-week period before the hearing. Posted Notice. Notice of the September 6, 2022 public hearing was posted in four public places in the City: along the South 47' Street frontage of the property; on the Public Notices bulletin board in the lobby of City Hall; on the electronic display in the foyer of the Development & Public Works office; and on the City of Springfield website. Finding: Upon annexation of the subject territory to the City, the underlying R-1 residential zoning will be retained, but the Urbanizable Fringe Overlay District (UF -10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on May 24, 2022, which is 105 days prior to the initial public hearing on the matter. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130. Recommendation to City Council (SDC 5.7.135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in SDC 5.7.140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director's recommendation follows SDC 5.7.140, Criteria. Criteria (SDC 5.7.140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation territory is located within the acknowledged urban growth boundary (UGB) of the City of Springfield (see additional discussion in Subsection B below). The parcel requested for annexation abuts the Springfield city limits along the western property boundary, which is coterminous with the eastern edge of the South 47t1i Street right-of-way. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with Criterion (A)(1), SDC 5.7.140. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC) in August, 1982 and has been subsequently amended. The original Metro Plan UGB encompassed both Eugene and Springfield, with I-5 being the acknowledged boundary between Eugene and Springfield. With the passage of House Bill 3337 in 2007 and adoption of Ordinance 6268 in 2011, a separate and distinct UGB was created for Springfield using a tax lot by tax lot delineation. Springfield's UGB as delineated by Ordinance 6268 was subsequently Attachment 2 Page 28 of 33 Exhibit D Page 4 of 8 revised and expanded upon adoption of Ordinance 6361 in 2016. The revised and expanded UGB is delineated on an individual tax lot basis and has been acknowledged by LCDC. Territory within the acknowledged UGB ultimately will be within the City of Springfield. Finding: In December 2016, Springfield adopted the Springfield 2030 Comprehensive Plan - Urbanization Element as a component of Springfield's comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan's long-standing urbanization policy criteria for approving annexations. The Urbanization Element has been acknowledged by LCDC. Finding: The territory requested for annexation is within an area that is zoned R-1 (titled "LDR" at the time the application was filed) which is consistent with the Low Density Residential plan designation. The adopted elements of the Springfield 2030 Comprehensive Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. At present, there are no proposed changes to the zoning or plan designation for the property, although the Urbanizable Fringe (UF -10) overlay will be effectively removed upon annexation. Finding: The continued annexation of properties to the City of Springfield is consistent with Policy 29 of the Springfield 2030 Comprehensive Plan — Urbanization Element which specifies annexation as the preferred mechanism for provision of urban services to properties within the UGB, which will result in the elimination of special districts within the urbanizable area. Finding: More detailed discussion of Public Facilities and Services in the Metro Plan (Section III -G) and the Eugene -Springfield Public Facilities and Services Plan (PFSP) — a refinement plan of the Metro Plan — contemplates eventual elimination of special service districts within each city's UGB as annexation occurs incrementally. Policy G.9 of the Eugene -Springfield PFSP states that Eugene and Springfield and their respective utility branches, Eugene Water & Electric Board (EWEB) and Springfield Utility Board (SUB), shall ultimately be the water service providers within their respective urban growth boundary. The requested annexation is consistent with this adopted policy. Finding: The territory requested for annexation is currently within the service area of the Willakenzie Rural Fire Protection District. The rural fire district has a service arrangement with Eugene -Springfield Fire Department for provision of fire response to unincorporated areas of south Springfield. After the public hearing and Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection District consistent with ORS 222.520 and 222.524 and the City of Springfield will provide fire and life safety services to the annexation area via the consolidated Eugene -Springfield Fire department. Finding: In accordance with Policy 33 of the Springfield 2030 Comprehensive Plan — Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. There is no rural water district serving unincorporated properties in this area of south Springfield. Therefore, annexation is required to obtain SUB water service to the property, if desired. Finding: In accordance with Policy 34 of the Springfield 2030 Comprehensive Plan — Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. Finding: In accordance with Policy 35 of the Springfield 2030 Comprehensive Plan — Urbanization Element, the City shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard abatement annexation is required. Finding: The requested annexation is to facilitate connection of the existing house to City sanitary sewer due to a failed septic system on the property. Therefore, the subject annexation is a health hazard abatement action. Public sanitary sewer service is available to the property along the South 47' Street frontage of the site. Finding: The applicant has submitted an application for annexation to the City (Attachment 2, Exhibit B), and has Attachment 2 Page 29 of 33 Exhibit D Page 5 of 8 executed an Annexation Agreement (Attachment 2, Exhibit Q. Further, the applicant has made necessary arrangements for payment of the applicable sewer assessment fees and System Development Charges (SDCs), and already obtained necessary permits for connecting the house to the public sanitary sewer system. Because the South 47t' Street and Jasper Road frontages of the property are not fully developed to urban standards and the parcel is large enough to accommodate further development and/or land division in the future, staff advises that an Annexation Agreement is warranted for this request (see subsection D below). Conclusion: The proposal meets and complies with Criterion B, SDC 5.7.140. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and Finding: In accordance with Policy 29 of the Springfield 2030 Comprehensive Plan — Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding: In accordance with Policy 31 of the Springfield 2030 Comprehensive Plan — Urbanization Element, key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls; communication facilities; and public schools on a districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 Comprehensive Plan — Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits line along the western boundary, which is also represented by the eastern edge of the South 47t' Street right-of-way. Urban utilities including water, piped stormwater, sanitary sewer, and electricity, have been extended along adjacent public streets (including the South 47' Street and Jasper Road frontages of the site) and are available to serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place or can be logically extended from points in the vicinity to serve the subject property. The following urban utilities, facilities and services are either available or can be extended to this annexation area: Water — The Springfield Utility Board operates the public water utility system within incorporated areas of south Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. SUB operates a 6 -inch water line that runs along the subject property frontage in South 47t' Street. The water line is available for provision of water service to the property and also provides for fire protection in the form of an existing fire hydrant near the intersection of South 47t' Street and Ivy Street, just north of the subject site. Upon annexation, the property will be eligible to receive SUB Water service. Electricity — SUB provides electric service to the neighborhoods in Springfield that are north of the Mt. Vernon Road alignment. SUB owns and maintains electrical system infrastructure along the South 47t' Street and Jasper Road frontages of the property. Existing electrical system infrastructure within the public rights-of-way will continue to be maintained by the affected utility provider. Police Services — Springfield Police Department currently provides service to areas of south Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff's Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services — Fire protection is currently provided to the annexation area by Eugene Springfield Fire Department under contract with Willakenzie Rural Fire Protection District. Upon annexation, the Eugene Springfield Fire Department will directly provide fire and emergency services to the subject territory. Attachment 2 Page 30 of 33 Exhibit D Page 6 of 8 Emergency medical transport (ambulance) services are provided on a metro -wide basis by the Eugene Springfield Fire Department. The annexation area will continue to receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other's jurisdictions. Parks and Recreation — Park and recreation services are provided within the City of Springfield by the Willamalane Park & Recreation District. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Bob Keefer Center for Sports and Recreation, and Willamalane Adult Activity Center. The park district offers various after-school and other programs for children at schools and parks throughout the community. Also available are pathways and several categories of parks, including community parks, sports parks, special use parks, and natural area parks. Concurrent with annexation to the City of Springfield, the subject property will be annexed to the Willamalane Park & Recreation District consistent with City policy, an intergovernmental agreement between the City of Springfield and Lane County, and the adopted Willamalane Comprehensive Plan. Library Services — Upon annexation to the City of Springfield, the subject area will be served by the Springfield Public Library. Schools — The Springfield School District serves this area of south Springfield. Based on the existing use of the subject property as a single detached dwelling, it is expected that the annexation territory sustains permanent residents and could generate a school-age population in the future. Additionally, the property has further development and/or redevelopment potential due to its half -acre size. The Springfield School District has capacity to serve the annexation area in its current configuration, and in the event the property redevelops in the future. Sanitary Sewer — The annexation territory h a s an existing public sanitary sewer line along the South 47t' Street frontage. The applicant has arranged for payment of applicable fees and obtained necessary permits to connect the existing house to the public sanitary sewer system. Connection to the public sanitary sewer system was facilitated by issuance of a Plumbing Permit (City permit number 811 -22 -001200 -PLM) on May 24, 2022. Stormwater — The subject annexation territory is served by the public stormwater management system located in South 47'' Street. However, the public system along the property frontage is an open ditch and is not developed as a piped, underground system similar to the west side of the street. Should further development or redevelopment of the site occur in the future, extension and expansion of public and private stormwater facilities necessary to serve the property will be done concurrently with construction of other site improvements and utilities, as required in the Annexation Agreement (Attachment 2, Exhibit Q. Streets — The western boundary of the subject annexation area abuts South 47' Street, which has been partially developed with curb, gutter, paving, sidewalks, street lights, sanitary sewer, and piped stormwater facilities on the western side of the street. On the eastern side of the street, which is contiguous with the subject property frontage, South 47t' Street lacks urban improvements including curb, gutter, sidewalk, full pavement width, piped stormwater facilities, and street trees. South 47' Street is classified as a local street and is developed with one vehicle travel lane in each direction. The limited pavement width allows for vehicle parking only on the western side of the street and there is a variable -width gravel shoulder on the eastern edge along the subject property frontage. The southern boundary of the subject annexation area abuts Jasper Road, which is classified as a minor arterial street. The segment of Jasper Road abutting the subject property is not developed to urban standards and lacks curb, gutter, striped bicycle lanes, sidewalks, streetlights, and piped stormwater facilities. To the east of the intersection with South 47' Street and the subject property frontage, Jasper Road is improved with one vehicle lane in each direction with a limited -width paved shoulder. Because the fronting public streets are not fully improved, there applicant has executed an Annexation Agreement for the subject annexation request (Attachment 2, Exhibit C). Solid Waste Mana eg ment — The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service would be provided by Sanipac. Attachment 2 Page 31 of 33 Exhibit D Page 7 of 8 Communication Facilities — Various providers offer both wired and wireless communication services in the Eugene - Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls — The annexation area is within Springfield's urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the Springfield 2030 Comprehensive Plan — Urbanization Element are immediately available to the site. Conclusion: The proposal meets and complies with Criterion C, SDC 5.7.140. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The area proposed for annexation is a residential parcel containing an existing single detached dwelling and detached accessory structures. The applicant has arranged for payment of the applicable sewer assessment fees and system development charges for connection to the City's sanitary sewer system. Because the required sanitary sewer service is immediately available to the site, the applicant was allowed to obtain a plumbing permit for connecting the house to City sanitary sewer. However, the South 47' Street and Jasper Road frontages of the property are not improved to urban standards. The parcel has approximately 203 feet of frontage on South 47' Street and about 76 feet of frontage on Jasper Road. Additionally, the property requested for annexation is 0.5 acres in size, which is large enough for further development or redevelopment of the property — including land division. For the aforementioned reasons, an Annexation Agreement is warranted and appropriate for this annexation request. Finding: The applicant has signed an Annexation Agreement with the City for the future provision of urban improvements, including stormwater facilities upon further development, and street improvements to the South 47t' Street and/or Jasper Road frontages upon further development or redevelopment of the property (Attachment 2, Exhibit Q. Finding: Upon final execution and recording of the Annexation Agreement at Lane County Deeds & Records, the obligations detailed therein run with the property title. Conclusion: The proposal meets and complies with Criterion D, SDC 5.7.140. City Council Decision (SDC 5.7.145): City Council approval of the annexation application shall be by Ordinance. Finding: The City Council gave first reading of the Annexation Ordinance and held a Public Hearing on September 6, 2022 for the subject annexation request. No one provided testimony at the public hearing meeting. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance at the regular meeting on September 19, 2022. Zoning (SDC 5.7.150): The area requested for annexation is zoned R-1 residential district (titled "LDR" at the time the application was submitted) and is designed Low Density Residential in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF -10) applied to the zoning. Upon the effective date of the annexation, the OF -10 overlay will be automatically removed and the property will retain the R-1 zoning. Effective Date and Notice of Approved Annexation (SDC 5.7.155): The subject annexation request was presented to the City Council for consideration at an initial public hearing on September 6, 2022. Second reading and potential Attachment 2 Page 32 of 33 Exhibit D Page 8 of 8 adoption of the annexation Ordinance is scheduled for September 19, 2022. Per ORS 222.040, an annexation and removal of property from a special district may not become effective during the period that begins on the 90th day before a primary election or general election and ends on the day after the election. November 8, 2022 is a general election; therefore, the annexation and special district withdrawal will become effective on November 9, 2022, or upon acknowledgement of filing with the Secretary of State — whichever date is later. Withdrawal from Special Service Districts (SDC 5.7.160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in SDC 5.7.130. Finding: The annexation area is within the delineated service territory of SUB (electric and water) and Willakenzie Rural Fire Protection District (contracted fire response). The Cities of Eugene/Springfield will directly provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board can provide water service after annexation. Consistent with SDC 5.7.160, notice was provided for the public hearing on September 6, 2022. Withdrawal from the Willakenzie Rural Fire Protection District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the Willakenzie Rural Fire Protection District is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive Plan — Urbanization Element whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory, and existing special service districts within the City's UGB are to be dissolved over time. DIRECTOR'S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed in SDC 5.7.140, and Council is within its authority to approve annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District and withdrawal of the subject territory from the Willakenzie Rural Fire Protection District. Attachment 2 Page 33 of 33